| With the rapid development of information technology,the Internet will be integrated into all aspects of people’s lives.As a new type of property,network virtual property has not only economic value,but also strong emotional value.However,as young Internet users step into old age,where will these network virtual property become a widespread concern of the society,whether these properties belong to the legal property of citizens? Is legal protection available? Is it legal to inherit? These problems need to be solved urgently.At present,the consciousness of protecting the rights of the public is improving constantly,and the society pays more and more attention to the inheritance of the virtual property on the network.It is very urgent and necessary to study the inheritance of network virtual property and to seek a reasonable inheritance mechanism of network virtual property.Some foreign countries or regions have begun to explore the legal system of virtual property inheritance on the network.Although there were related cases in China as early as 2003,the legislative work has not been carried out,which is obviously out of line with the social needs.At present,the legal inheritance of network virtual property has become a major trend of social development.It not only plays an important role in the protection of individual rights,but also relates to the formalized and specialized development of the Internet industry,and has far-reaching significance for the social development of our country.This article summarizes the research background and significance of network virtual property inheritance firstly,summarizes the current research and legislative practice of network virtual property inheritance system at home and abroad,explains the research methods and paper structure of the subject,and puts forward the innovations of this paper.Secondly,this paper analyzes the connotation,extension and characteristics of network virtual property,and combs in detail several theories on the legal attribute of network virtual property right in domestic academic circles.On the basis of analyzing the mainstream theory of real right object theory,creditor’s right object theory,intellectual property object theory and new property right object theory,this paper puts forward the object theory of real right.From the point of view of people,it paves the way for follow-up research.Thirdly,based on the legal attribute of network virtual property,this paper analyzes the feasibility of network virtual property inheritance from the aspects of theoretical basis,legal basis and maneuverability,and puts forward the legitimacy of constructing network virtual property inheritance system.At the same time,combined with the domestic network virtual property inheritance status.Based on the case analysis of domestic network virtual property inheritance disputes,combined with the current judicial practice,this paper analyzes the obstacles that may appear in the processof network virtual property inheritance.Finally,the paper puts forward some legislative suggestions to improve the inheritance of network virtual property.From the object of inheritance,the subject The related rules of inheritance,such as the mode of property inheritance,the mechanism of property division,the treatment of non-heirs,the burden of proof,the evaluation of the value of virtual property and the obligation of standardizing the service operators of the platform,think about the design of the inheritance system of network virtual property,in order to be beneficial to the construction of virtual property inheritance system. |
